Responding when child custody is denied by a parent

On behalf of James Higdon of Higdon, Hardy & Zuflacht, L.L.P. posted in child custody on Thursday, July 28, 2016.

Marriage is often difficult. When most begin to struggle, many couples in Texas take actions to save their marriages. However, even the most dedicated couples often come to the conclusions that remaining together is in neither’s best interest. Despite divorces, couples with children must, in most cases, continue to work together for the good of the children. Unfortunately, co-parenting issues can arise, raising the question of how to respond if one parent refuses to allow the other access to the children in defiance of a court-ordered child custody arrangement.

Such a denial could especially be a hot-button issue in the summer when children are out of school and parents attempt to schedule vacations. Some professionals with experience in family law advise that even one instance of refusing to allow a scheduled visit should result in action. They argue that allowing a refusal could encourage a parent to continue refusing custody.

In the face of a refusal, remaining calm could help ensure that no actions are taken that are not in the best interests of a child. Afterward, however, ensuring that the instances are properly documented and filing a motion for contempt may be appropriate. If a child refuses, seeking counseling is an option. Additionally, a refusal could be an indicator that an attempt is being made to deliberately alienate a parent.

Many parents in Texas are able to overlook their differences in order to co-parent together. In some cases, however, child custody issues arise that require additional court intervention. An experienced attorney can help those experiencing such issues understand their options.